Rayburn v. Hurd
Oregon Supreme Court
Appeal from Benton county: R. S. Bean, judge. The respondent commenced an action against the appellants in the county court of Benton county to recover upon a certain note for the payment of money, executed by appellants to one J. C. Young for the sum of §350 and assigned to respondent.
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Appeal from Benton county: R. S. Bean, judge. The respondent commenced an action against the appellants in the county court of Benton county to recover upon a certain note for the payment of money, executed by appellants to one J. C. Young for the sum of §350 and assigned to respondent. The appellants filed an answer in the action in which they set up counter-claims against the note arising out of matters of indebtedness alleged to be due them from Young at the time of his assigning the note to respondent amounting to §360.94. The case was tried in the county court and judgment recovered…
1Per curiam
The respondent contends that as his claim amounted to §350 and was reduced by offsets to the *60amount recovered, he was entitled to costs and disbursements, although he failed to recover $50, and he cites Roberts v. Carland, 1 Or. 333, in support of his contention. Subdivision 3 of section 549, Civil Code, provides when a plaintiff shall be entitled to recover costs and disbursements in an action for the recovery of money when the amount of the recovery is less than $50, to wit: ¿‘In an action involving an open mutual account, when it appears to the satisfaction of the court that the sum total…
2Cases cited2 opinions
- Goodall v. StateOregon Supreme Court · 1861
- Lockwood v. HansenOregon Supreme Court · 1888